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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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We have recently taken in a fifteen year old girl who is about

Customer Question

We have recently taken in a fifteen year old girl who is about to be sixteen this month, her mother died suddenly in November, her stepfather is abusive and her father is in rehab for the sixth time. she was recieving social security but her father has spent it all. she wants to be emancipated
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
How specifically can I assist you, what is your question? Are you asking if she is able to be emancipated? Is the child working or is being fully supported by you? Please advise!
Customer: replied 1 year ago.
right now being fully supported by us she is a sophomore in high school and goals in her life we want her to finish and go to college, she does not want to live with her father and none if her family will take her
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Freda.
Under Texas law a child who wishes to be 'emancipated' has to show to the courts that she is self-sufficient. That means that the child has to be able to personally financially provide for herself, her housing, schooling, food, medical care, shelter, and transportation costs. In addition the courts have to ensure that the child is 'mature' enough to understand what emancipation means and that her past parents are not able to assist her going forward. So while she can file once she turns 16, she has to be employed once she files so that she has the best chance at being successful with her petition.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
so is there a way to get custody of her and change her social security she receives from her mothers death, so she can save it for college and we will support her
Expert:  Dimitry K., Esq. replied 1 year ago.
Freda,
If she files for emancipation she does not get the Social Security either--but if you want to file for guardianship, for example, you can then act as her legal and financial guardians and then help her with properly managing the funds. You can indeed file if you can prove and show that the other parents are 'unfit', and that it would be in the best interest of this child to be with you.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
well her mother is dead and her father just got out of detox and is rehab for the sixth time and has spent over 4,000.00 of her 7,000.00 she had in the bank but he could get it because he is her legal guardian, what else do we need?
Expert:  Dimitry K., Esq. replied 1 year ago.
Freda,
You need evidence that the other parents are unfit, that you have been caring for her expenses, her bills, and her emotional state, and point out that the other parent does not have her interests at heart and will instead spend her funds on expenses that are not related to the child. That is what the courts want to see, that you are a better candidate and a better person who can raise the child, AND that the child would be better in your care.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
do we need an attorney because legal aide said they wont take the case lack of resources, spoke with a family attorney who said she needed to hire him but could not because if her age and we could not because we are not her guardians, spoke with cps but they would not get involved because she was not currently in danger and was being cared for by us
Expert:  Dimitry K., Esq. replied 1 year ago.
Freda,
No, you can file for guardianship on your own. If you will file for emancipation, then yes, you'd need to retain an attorney who can act as a "G.A.L." (guardian ad litem) for the child and make the filings, but filing for guardianship can be made by the third party. An attorney would be necessary if the other parent contests, as you would need to serve and notify him of the filing.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
how do we do this on our own
Expert:  Dimitry K., Esq. replied 1 year ago.
Freda,
You would need to contact the county family law courthouse, speak to the clerk and obtain the guardianship packet. Fill it out, follow instructions, file it, serve it on the other parent, and request a hearing. There will be filing fees based on the court which you should be prepared for, and costs for service. Then you would need to convince the judge that you are the best option for the minor in this particular instance.
Hope that helps and kindly do not forget to positively rate. Thank you!
Sincerely,
Dimitry, Esq.

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